The published version of the city council minutes states the time as “2 o’clock p. m.” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

Willard Richards was Nauvoo’s city recorder. In this role, he acted as a clerk for the city council, as he was charged to “keep a journal of the proceedings of the council,” or in other words, the city council’s minutes. (Nauvoo City Council Rough Minute Book, 12 Aug. 1843, 20; “Rules of Order of the City Council of the City of Nauvoo,” 22 Jan. 1842, 2, Nauvoo, IL, Records, CHL.)

In the published version of the minutes in the Nauvoo Neighbor, this passage is expanded to read, “The clerk of the Council bore testimony of the good character and high standing of Mr. Smith and his family, whose daughter was seduced by Wilson Law, as stated by the last witness before the morning Council—that Mrs. Smith died near the mouth of the Mississippi, and the father and eldest daughter died soon after their arrival in this place and that the seduction of such a youthful, fatherless, and innocent creature by such a man in high standing as the Major General of the Nauvoo Legion, was one of the darkest, damndest and foulest deeds on record.” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

In the published version of the minutes in the Nauvoo Neighbor, this passage is expanded to read “Councillor Hyrum Smith concurred in the remarks made by the clerk concerning the excellent character of Mr. Smith and his family.” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

The following discussion of the proposed libel ordinance—beginning here and ending with “other purposes”—is not included in the published version of the city council minutes. (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

The libel ordinance referenced James Kent’s definitions of slander and libel in his influential Commentaries on American Law. (Ordinance, 10 June 1844.)

The amended passage reads as follows: “Be it ordained by the city council of the city of Nauvoo, that if any person or persons shall write or publish, in said city, any false statement, or libel any of the citizen[s] for the purpose of exciting the public mind against the chartered privileges, peace and good order of said city; or shall slander, (according to the definition of slander or libel by [William] Blackstone or [James] Kent 〈or the act in the statute of Illinois〉,).” (Ordinance, 10 June 1844.)

TEXT: Possibly “clique”.

It is unclear whether JS here referred to the United States Constitution or the Illinois Constitution. Freedom of the press, as understood by Americans in 1844, did not necessarily imply the ability to publish with impunity. William Blackstone, an influential English legal commentator, defined the liberty of the press as “laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published.” He further stated that “every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.” He concluded that “to censure the licentiousness, is to maintain the liberty of the press.” In a similar vein, the Illinois state constitution affirmed that “every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.” The First Amendment to the United States Constitution merely stated that “Congress shall make no law . . . abridging the freedom of speech, or of the press.” (Oaks, “Suppression of the Nauvoo Expositor,” 891−903; Blackstone, Commentaries, vol. 2, bk. 4, p. 113, italics in original; Illinois Constitution of 1818, art. 8, sec. 22; U.S. Constitution, amend. 1.)

Oaks, Dallin H. “The Suppression of the Nauvoo Expositor.” Utah Law Review 9 (Winter 1965): 862–903.

Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.

Illinois Office of Secretary of State. First Constitution of Illinois, 1818. Illinois State Archives, Springfield.

The prospectus for the Nauvoo Expositor was printed as a handbill in May 1844. (Prospectus of the Nauvoo Expositor [Nauvoo, IL: 10 May 1844], copy at CHL.)

Nauvoo Expositor Prospectus. Nauvoo, IL: ca. 10 May 1844. Copy at CHL.

Article 8, section 1, of the 1818 Illinois constitution stated that “all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, and of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.” (Illinois Constitution of 1818, art. 8, sec. 1.)

Illinois Office of Secretary of State. First Constitution of Illinois, 1818. Illinois State Archives, Springfield.

This almost certainly refers to the Nauvoo city charter. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

The published version of the city council minutes specifies that the council’s clerk, Willard Richards, read the Nauvoo Expositor’s prospectus. This document stated, among other things, that the newspaper would advocate for the unconditional repeal of Nauvoo’s city charter. (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1]; Prospectus of the Nauvoo Expositor [Nauvoo, IL: 10 May 1844], copy at CHL.)

Nauvoo Expositor Prospectus. Nauvoo, IL: ca. 10 May 1844. Copy at CHL.

Higbee wrote an article for the Nauvoo Expositor urging the citizens of Hancock County, Illinois, to vote against Hyrum Smith—who was running for a seat in the state legislature—in the August 1844 election. Higbee exhorted them to “call into the field your best men under the solemn pledge to go for the unconditional repeal of the Nauvoo Charter, and you have our support.” (Francis M. Higbee, “Citizens of Hancock County,” Nauvoo Expositor, 7 June 1844, [3].)